Eastern District of New York • 2:26-cv-05636

#1

Sep 11, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20623969, filed by Jimmy Odir Flamenco Portillo. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: # 1 Exhibit 1, Order of the Immigration Judge Granting Withholding of Removal, # 2 Exhibit 2, Order of Supervision, # 3 Exhibit 3, Declaration of Deportation Office Felix Martinez Geneo (Dkt. 6, Flamenco Portillo v. Arteta, et al., No. 1:26-cv-04627-JPC (S.D.NY)), # 4 Exhibit 4, Notice of Revocation of Release, # 5 Exhibit 5, Consent Motion for Leave to Amend (Dkt. 16, Flamenco Portillo v. Arteta, et al., No. 1:26-cv-04627-JPC (S.D.NY)), # 6 Exhibit 6, Reasonable Fear Interview Results, # 7 Exhibit 7, Request for IJ Review of Reasonable Fear Interview Results and Denial, # 8 Exhibit 8, Stipulation and Notice of Dismissal Without Prejudice (Dkt. 17, Flamenco Portillo v. Arteta, et al., No. 1:26-cv-04627-JPC (S.D.NY)), # 9 Civil Cover Sheet) (Azpurua, Sofia) Modified on 9/12/2026 (LJ). (Entered: 09/11/2026)

#2

Sep 12, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 09/12/2026)

Sep 12, 2026

A summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ)

Sep 12, 2026

ORDER: To preserve the Court's jurisdiction pending final disposition of the 1 Petition, Respondents are enjoined from moving Petitioner to a location outside this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. N.Y. Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction."); Garcia-Izquierdo v. Gartner, No. 04 Civ. 7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sep. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case"); Khalil v. Joyce, No. 25 Civ. 1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); Ozturk v. Hyde, 136 F.4th 382 (2d Cir. 2025) (declining to stay a district court order, issued pursuant to the All Writs Act, which transferred petitioner to the district court's territorial jurisdiction, given district courts' "undeniabl[e]... inherent authority to protect [its] proceedings" (citation modified)); cf. Michael v. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). The Clerk of the Court is respectfully directed to email a copy of this Order and the Petition to the United States Attorney's Office (USAO) for the Eastern District of New York. Petitioner's counsel shall also serve a copy of the order on the USAO. Ordered by Judge Nina R. Morrison on 9/12/2026. (LA)

Sep 12, 2026

Quality Control Check - Summons

Sep 12, 2026

Case Assigned/Reassigned

Sep 12, 2026

Order(Other)

Sep 12, 2026

Case Assigned to Judge Nina R. Morrison. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ)

#3

Sep 13, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office. See attached Order. Ordered by Judge Nina R. Morrison on 9/13/2026. (OA) (Entered: 09/13/2026)

#4

Sep 14, 2026

Proposed Summons. by Jimmy Odir Flamenco Portillo (Azpurua, Sofia) (Entered: 09/14/2026)

#5

Sep 15, 2026

Summons Issued as to Todd Blanche, Kenneth Genalo, Markwayne Mullin, David Venturella, Warden, Metropolitan Detention Center, U.S. Attorney and U.S. Attorney General. (SG) (Entered: 09/15/2026)

#6

Sep 15, 2026

NOTICE of Appearance by Nathan Shi on behalf of Todd Blanche, Kenneth Genalo, Markwayne Mullin, David Venturella (aty to be noticed) (Shi, Nathan) (Entered: 09/15/2026)

#7

Sep 16, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Todd Blanche, Kenneth Genalo, Markwayne Mullin, David Venturella, Warden, Metropolitan Detention Center (Attachments: # 1 App. 1: Government's Mem. of Law in SDNY Matter, # 2 App. 2: NTA, # 3 App. 3: I-213, # 4 App. 4: 8/22/23 IJ Order, # 5 App. 5: I-220B, OSUP, # 6 App. 6: ROR, Informal Interview, Rev. Mem., # 7 App. 7: Notice of Removal, # 8 App. 8: Failure to Comply, # 9 App. 9: Third Country Screening Notice, # 10 App. 10: Failure to Comply, # 11 App. 11: Travel Document) (Shi, Nathan) (Entered: 09/16/2026)

#8

Sep 21, 2026

REPLY in Opposition re 7 Response to Order to Show Cause,, in Support of Petition for Writ of Habeas Corpus filed by Jimmy Odir Flamenco Portillo. (Azpurua, Sofia) (Entered: 09/21/2026)

Sep 22, 2026

SCHEDULING ORDER: The Court will hear argument on the 1 Petition on Friday, September 25, 2026, at 10:00 A.M. in Courtroom 6E North. Counsel for Respondents shall coordinate with Immigration and Customs Enforcement to ensure that Mr. Flamenco Portillo is produced to the courthouse by 8:30 A.M. on that date, and inform the Court's deputy if any court orders are necessary in that regard. In addition, counsel for Petitioner shall inform the deputy whether Mr. Flamenco Portillo requires the assistance of an interpreter. Ordered by Judge Nina R. Morrison on 9/22/2026. (OA)

Sep 22, 2026

Scheduling Order

#9

Sep 23, 2026

NOTICE of Appearance by Stephanie Elizabeth Gibbs on behalf of Jimmy Odir Flamenco Portillo (aty to be noticed) (Gibbs, Stephanie) (Entered: 09/23/2026)

#10

Sep 23, 2026

ORDER: The United States District Court for the Eastern District of New York commands U.S. Immigration and Customs Enforcement to have inmate Jimmy Odir Flamenco Portillo (A095-046-222) who is presently detained at the Metropolitan Detention Center in Brooklyn, New York to be brought under safe and secure custody to Courtroom 6E North, before the Honorable Nina R. Morrison, United States District Judge, at the United States Courthouse for the Eastern District of New York, 225 Cadman Plaza E., Brooklyn, NY 11201, on September 25, 2026 at 10:00 a.m. Ordered by Judge Nina R. Morrison on 9/23/2026. (FV) (Entered: 09/23/2026)

#11

Sep 24, 2026

Letter regarding ICE's production of Petitioner by Todd Blanche, Kenneth Genalo, Markwayne Mullin, David Venturella, Warden, Metropolitan Detention Center (Shi, Nathan) (Entered: 09/24/2026)

#12

Sep 25, 2026

NOTICE of Appearance by Justin S. Kirschner on behalf of Todd Blanche, Kenneth Genalo, Markwayne Mullin, David Venturella, Warden, Metropolitan Detention Center (aty to be noticed) (Kirschner, Justin) (Entered: 09/25/2026)

#13

Sep 25, 2026

PRELIMINARY INJUNCTION. See attached Order. Ordered by Judge Nina R. Morrison on 9/25/2026. (OA) (Entered: 09/25/2026)

#14

Sep 25, 2026

Letter regarding Petitioner's release by Todd Blanche, Kenneth Genalo, Markwayne Mullin, David Venturella, Warden, Metropolitan Detention Center (Kirschner, Justin) (Entered: 09/25/2026)

Sep 30, 2026

Show Cause Hearing

Sep 30, 2026

Minute Entry for proceedings held before Judge Nina R. Morrison: A hearing on the Petition for Writ of Habeas Corpus, see ECF No. 1, was held before Judge Morrison on September 25, 2026. Elizabeth Gibbs appeared on behalf of Jimmy Odir Flamenco Portillo, who also appeared. Justin Kirschner appeared on behalf of Respondents. Spanish interpreters Mario Michelena and Maristela Verastegui were also present. The Court heard argument from the parties as to the factors to be considered for the 1 Petition. The Court delivered an oral ruling and, for the reasons stated on the record, the Court issued a Preliminary Injunction directing Respondents to release Petitioner from custody and enjoining Respondents from re-detaining him without prior leave of the Court, while the terms of the Preliminary Injunction are in effect and while the Court continues to consider the merits of the underlying 1 Petition. As discussed on the record, by October 9, 2026 at 12:00PM, the parties shall file a joint letter (1) addressing the status of the underlying 1 Petition, including whether there still exists a live controversy; and (2) proposing a briefing schedule, should one or both parties desire the Court to adjudicate the merits of the Petition. (Court Reporter Nicole Sesta.) (OA) (Modified on 10/2/2026 to update deadline) (FV). (Modified on 10/5/2026 to include time)(FV).

Oct 02, 2026

Incorrect Case/Document/Entry Information. In its Minute Entry dated September 30, 2026, the Court erroneously listed October 16, 2026 as the deadline to file a joint status report. The parties' deadline to file a joint letter, as instructed in the Minute Entry, is October 9, 2026. (OA)

Oct 02, 2026

Incorrect Case-Document Information

#15

Oct 08, 2026

Consent MOTION for Extension of Time to File joint letter ordered by the Court by Todd Blanche, Kenneth Genalo, Markwayne Mullin, David Venturella, Warden, Metropolitan Detention Center. (Shi, Nathan) (Entered: 10/08/2026)

Oct 08, 2026

Order on Motion for Extension of Time to File

Oct 08, 2026

ORDER granting 15 Motion for Extension of Time to File: The parties' deadline to file a joint letter, as instructed in the Minute Entry dated September 30, 2026, is extended to October 16, 2026 at 12:00 P.M. Ordered by Judge Nina R. Morrison on 10/8/2026. (OA)

#17

Oct 16, 2026

STATUS REPORT (JOINT) by Jimmy Odir Flamenco Portillo (Azpurua, Sofia) (Entered: 10/16/2026)

Oct 21, 2026

ORDER: The Court is in receipt of the parties' 17 joint status report. The Court stays all further proceedings of the 1 Petition, pending the United States Supreme Court's decision concerning D.V.D. v. United States Department of Homeland Security, No. 26-1212, --- F.4th ----, 2026 WL 2797801 (1st Cir. Sep. 18, 2026). The parties shall confer and file a joint status report within fourteen (14) days of a decision by the Supreme Court in D.V.D. All other orders of this Court remain in effect. Ordered by Judge Nina R. Morrison on 10/21/2026. (OA)

Oct 21, 2026

Order(Other)